Public Trustee finds most Western Australians have no valid will

Survey suggests just one-third of Western Australians have a valid will.

ABC: Emma Wynne

The Western Australian Public Trustee is concerned that two-thirds of adults do not have a valid will, potentially their leaving families with serious problems if they die.

The Trustee's director of business development, Etta Palumbo, said a survey run last month found only 35 per cent of adults had a current will.

"Probably about half of us have got a will, but when we asked people if they died tomorrow whether they would be happy with their estate distributed as set out in their will, they said no," she said.

"We also found that only 19 per cent of families with young children have a will.

"If you have children you want to have some say in how those children are cared for if you do pass away.

"It's not guaranteed that will happen, but if you state in your will what you want to happen, then the courts would certainly consider that when they grant guardianship."

Who needs a will?

Ms Palumbo said many young people don't think they need a will as they have few assets, and many people believe that if they die without one their estate will simply go to their partner or nearest relative. She said neither assumption is correct.

"If you are over 18 and you are working you generally have superannuation that comes with a death insurance policy.

"We find a lot of people are passing away with a death benefit of around $200,000, and those people have died intestate. They thought they didn't have anything to pass on.

"If you die intestate it might mean that your spouse gets the first $50,000, and then the rest is shared out among other family members.

"People have been known to have to sell their homes to pay out other family members in these cases.

Our son died suddenly, aged 34, without a will. It took months to sort things out. Fortunately he didn't have family but it was still complicated. It certainly made his brothers look to making their wills very promptly.

Sebastian - SMS to 720 ABC Perth

Complex family structures

The Public Trustee is advising people to review their wills regularly.

"There are some things that will make your will null and void, like getting married or divorced," Etta Palumbo said.

"If you make a will prior to those things happening, you could die intestate."

In 2006 Australian motor racing driver Peter Brock was killed suddenly, aged 61, at the Targa West rally in Perth when his car hit a tree.

He left behind a girlfriend, a de facto wife he had separated from a year earlier, two children and a step son he regarded as his own.

He has three wills, including two he had drafted himself using will kits.

The subsequent court battles between his family members over the estate lasted for three years.

Etta Palumbo said the Public Trustee does not encourage DIY will kits for most people.

"If you are a young person with few assets and without a blended family structure, and you're not married, it may be a good solution for you because it is a very inexpensive option," she said.

"However, most people don't know what they are doing when they draft a will and we recommend getting legal advice when you do it."